Board of Adjustment Hearing

Summary

Meeting Overview

The Division of Planning Planning Services Section Board of Adjustment convened on December 13, 2021, at 1:30 PM in the Council Chambers at 200 East Main Street, Lexington, Kentucky, with Thomas Glover presiding as the meeting officer. The board addressed six agenda items, consisting of five variance requests and one conditional use permit application. During the session, the board conducted six motions and votes, with five items receiving approval and one variance request being tabled for further consideration. The meeting also included two public comments from community members regarding the matters under consideration.

Attendance

The following members were present at the December 13, 2021 meeting:

• Harry Clarke
• Thomas Glover
• Branden Gross
• Chad Needham
• Chad Walker

Two members arrived late to the meeting:

• Raquel Carter
• Joan Whitman

No members were recorded as absent from the meeting.

Votes and Decisions

The board considered six applications during the December 13, 2021 meeting, with five approvals, one tabling, and various voting patterns.

PLN-BOA-21-00065 - Laura Papero's variance to reduce the required setback from 30 feet to 22 feet was approved unanimously 0:00. Chad Needham made the motion, seconded by Harry Clarke. All seven members voted in favor: Harry Clarke, Thomas Glover, Branden Gross, Chad Needham, Chad Walker, Raquel Carter, and Joan Whitman. The approval included the condition that construction shall be in accordance with the submitted application materials and site plan.

PLN-BOA-21-00064 - LFUC Housing Authority's variance to reduce front and side street side yards passed 5-0 on a roll call vote 1:00. Harry Clarke motioned, with Raquel Carter seconding. Voting in favor were Harry Clarke, Thomas Glover, Chad Needham, Chad Walker, and Raquel Carter. The property must be developed and operated according to application materials and site plan dated December 1, 2021.

PLN-BOA-21-00066 - HPI Preserve LLC's variance to increase fence height was tabled by a 5-2 roll call vote 2:00. Branden Gross made the motion to table, seconded by Raquel Carter. Supporting the tabling were Branden Gross, Raquel Carter, Thomas Glover, Joan Whitman, and Chad Walker, while Harry Clarke and Chad Needham voted against tabling.

PLN-BOA-21-00068 - University Properties LLC's variance to reduce private open space was approved 6-1 3:00. Raquel Carter motioned, Branden Gross seconded. Harry Clarke cast the sole dissenting vote, while Raquel Carter, Branden Gross, Thomas Glover, Joan Whitman, Chad Walker, and Chad Needham voted for approval. The condition requires creating a Homeowners Association to maintain common areas.

PLN-BOA-21-00069 - Exeter Newtown Land LLC's variance to increase sign area passed unanimously 5-0 4:00. Harry Clarke motioned, Joan Whitman seconded. All voting members - Harry Clarke, Thomas Glover, Joan Whitman, Chad Walker, and Chad Needham - supported the application, with traffic directional signs to be installed per the November 10, 2021 site plan.

PLN-BOA-21-00067 - 251 E Maxwell LLC's conditional use to establish a fraternity house was approved 5-0 5:00. Raquel Carter made the motion, Harry Clarke seconded. Voting in favor were Raquel Carter, Harry Clarke, Thomas Glover, Joan Whitman, and Chad Walker. The fraternity house is limited to a maximum of 10 beds.

Public Comment

Two residents spoke during the public comment period, both expressing opposition to a proposed fraternity house in their neighborhood.

Amy Clark 6:00 addressed the board with concerns about the impact of establishing another fraternity house in the area. Clark cited several specific issues that would affect the neighborhood, including: - Parking problems - Noise disturbances - Disruptive behavior from fraternity members

Vita 7:00 followed with additional opposition to the fraternity house proposal. Vita shared personal experiences living in the neighborhood and detailed ongoing problems with fraternity members, specifically mentioning: - Noise issues affecting residents - Parking difficulties in the area

Both speakers focused their comments on the same issue, presenting a unified neighborhood concern about the proposed fraternity house and its potential negative effects on the residential community.

Contested Items

The primary contested item during this meeting was the establishment of a fraternity house at 251 E Maxwell, which faced significant community opposition from local residents.

Fraternity House at 251 E Maxwell

Community members voiced strong concerns about the proposed fraternity house establishment at this location. The opposition centered on three main issues:

• Noise concerns - Residents worried about increased noise levels that typically accompany fraternity activities and gatherings
• Parking problems - Community members expressed concerns about additional parking demands in the neighborhood that would result from fraternity operations
• Behavioral issues - Residents cited past experiences and problems with similar fraternity establishments in the area

The nature of the opposition was characterized as "community opposition," indicating that multiple residents participated in expressing their concerns about this proposal. The residents' objections were based on documented past issues they had experienced with similar fraternity houses, suggesting this was not merely speculative concern but grounded in actual neighborhood experience.

The community's opposition appeared to be organized and substantive, focusing on quality-of-life impacts that fraternity houses can have on residential neighborhoods. The specific address of 251 E Maxwell indicates this was a formal proposal under consideration by the governing body.

The extracted data does not indicate the final outcome or resolution of this contested item, suggesting the matter may have required further deliberation or was tabled for future consideration.

Variance for Laura Papero

0:00

The Board of Appeals reviewed application PLN-BOA-21-00065, a variance request submitted by Laura Papero to reduce the required front setback from 30 feet to 22 feet for the purpose of partially enclosing an existing front porch.

Laura Papero presented her request to the board, seeking permission to modify the setback requirements for her property. The variance would allow her to proceed with partially enclosing a front porch that already exists on the property, but which does not meet the standard 30-foot setback requirement from the front property line.

The proposed enclosure would maintain the existing 22-foot setback, representing an 8-foot reduction from the standard requirement. This type of variance is typically sought when existing structures or site conditions make compliance with standard zoning requirements impractical or when the modification would not adversely impact the neighborhood character.

The board reviewed the application materials and considered the request in the context of the established criteria for granting variances, which generally include demonstrating practical difficulty, ensuring the variance is minimal, and confirming that the proposed change would not alter the essential character of the neighborhood.

Following their review and discussion of the application, the Board of Appeals approved the variance request, allowing Laura Papero to proceed with the partial enclosure of her existing front porch at the reduced 22-foot setback.

Variance for LFUC Housing Authority

1:00

The board considered agenda item PLN-BOA-21-00064, a variance request for the LFUC Housing Authority to reduce front and side street yard requirements for the construction of new duplexes.

Darby Turner served as the key speaker presenting this variance request. The proposal sought to modify standard setback requirements that would otherwise apply to the duplex construction project.

The variance application requested reductions to both front yard and side street yard setbacks from the standard requirements. These modifications were necessary to accommodate the planned duplex development on the Housing Authority's property.

The board reviewed the variance request and ultimately approved the application, allowing the LFUC Housing Authority to proceed with the duplex construction under the modified setback requirements.

This approval enables the Housing Authority to move forward with their residential development project while working within the adjusted yard requirements rather than the standard zoning setbacks that would typically apply to such construction.

Variance for HPI Preserve LLC

The Board of Adjustment considered agenda item PLN-BOA-21-00066, a variance request from HPI Preserve LLC to increase the allowable height of a fence in a front yard 2:00.

Christopher Barnes served as the key speaker for this agenda item, presenting the variance request to the board members.

The specific details of the proposed fence height increase, the current zoning restrictions, and the justification for the variance were discussed during the presentation. However, the complete scope of the discussion, including any concerns raised by board members or public comments, would require review of the full meeting transcript for comprehensive details.

Following the presentation and discussion, the Board of Adjustment decided to table the variance request rather than make a final determination at this meeting. This outcome indicates that the board required additional information, time for further consideration, or needed to address specific issues before rendering a decision on the HPI Preserve LLC fence height variance.

The tabling of this item means the variance request will be carried forward to a future Board of Adjustment meeting for continued review and final action.

Variance for University Properties LLC

3:00

The Board of Adjustment reviewed case PLN-BOA-21-00068, a variance request submitted by University Properties LLC to reduce the required private open space standards for subdividing existing townhomes.

Richard Murphy presented the request on behalf of the applicant. The variance seeks to allow the subdivision of existing townhome units while providing less private open space than typically required under current zoning regulations.

The Board discussed the specific requirements for private open space in townhome developments and how the proposed subdivision would impact these standards. The variance would enable University Properties LLC to proceed with their subdivision plans despite not meeting the full open space requirements.

After reviewing the application materials and hearing the presentation, the Board of Adjustment approved the variance request. The approval allows University Properties LLC to move forward with subdividing the existing townhomes under the modified open space requirements.

The case demonstrates the Board's consideration of practical development constraints while balancing zoning requirements with property owner needs in existing residential developments.

Variance for Exeter Newtown Land LLC

4:00

The board reviewed application PLN-BOA-21-00069, a variance request from Exeter Newtown Land LLC to increase the allowable area of two traffic directional signs.

Darby Turner served as the key speaker presenting this agenda item to the board. The request specifically sought approval to exceed the standard size limitations for traffic directional signage on the property.

The application focused on increasing the permitted square footage for two existing traffic directional signs beyond what is typically allowed under current zoning regulations. These signs are used to direct traffic flow and provide wayfinding for visitors to the property.

The board ultimately approved the variance request, allowing Exeter Newtown Land LLC to proceed with the larger traffic directional signs as proposed in their application.

Conditional Use for 251 E Maxwell LLC

5:00

The board reviewed application PLN-BOA-21-00067, a conditional use request submitted by 251 E Maxwell LLC to establish a fraternity house and reduce the required number of parking spaces at the property.

Jake Michul served as the key speaker presenting the application to the board during the discussion phase.

The request involved two primary components: obtaining conditional use approval to operate a fraternity house at the 251 E Maxwell location, and securing a variance or reduction in the standard parking requirements that would typically apply to this type of residential facility.

Following the presentation and board discussion of the application details, the conditional use request was approved by the board members.

The approval allows 251 E Maxwell LLC to proceed with establishing the fraternity house operations at the specified location with the reduced parking allocation as requested in their application.